Patna High Court
Rupesh Kumar @ TeniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioner.
Summary
The petitioner, Rupesh Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, where 126 litres of liquor were allegedly recovered from a location adjacent to his house. He argued that no liquor was found in his possession and that the investigation relied on secret information without proper inquiry, noting a history of eight prior cases, six of which were excise matters. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 40,000 with two sureties and subject to verification of his criminal antecedent under Section 482(2) of the BNSS. The court stipulated that if the petitioner is found to have more than eight prior cases, the bail would not be confirmed; if exactly eight, the bail would be confirmed immediately.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act where the accused claims no seizure from his possession.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Subjects
- anticipatory bail
- excise offence
- Bihar Excise Act
- Section 30(a)
- criminal antecedent
- high court
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28768 of 2026
Arising Out of PS. Case No.-19 Year-2026 Thana- Refinery District- Begusarai
======================================================
Rupesh Kumar @ Teni Son of Late Abhinandan Singh @ Avinandan Singh
Resident of village - Harpur, Ps- Refinery, Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra
For the Opposite Party/s : Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of eight cases out of which six cases
are under the Excise Act and allegation is of recovery of 126
liters of liquor from a place behind the house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner,
but then is adjacent to his house and he came to be implicated
Patna High Court CR. MISC. No.28768 of 2026(2) dt.29-04-2026
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based on secret information which is the easiest way to
implicate someone. It is also submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation. It is also submitted that
petitioner in similar manner earlier also came to be implicated in
cases relating to Excise.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
40,000/- (Rupees Forty Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Refinery
P.S. Case No. 19 of 2026 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
Patna High Court CR. MISC. No.28768 of 2026(2) dt.29-04-2026
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in the event if it is found that petitioner has antecedent of more
than eight cases then it would be presumed that petitioner, for
the purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of eight
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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